# Law No. 8913 of July 12, 1994

> Brazilian law

**Wikidata**: [Q105647508](https://www.wikidata.org/wiki/Q105647508)  
**Source**: https://4ort.xyz/entity/law-no-8913-of-july-12-1994

## Summary
Law No. 8913 of July 12, 1994, is a Brazilian federal statute that mandates the transfer of school meal program management from the federal government to municipal authorities, a process known as the municipalization of "merenda escolar." Promulgated by President Itamar Franco, the law establishes the legal framework for financial resource allocation, operational criteria, and oversight mechanisms for school nutrition across Brazil's federative system.

## Key Facts
- **Official Title:** Lei nº 8913, de 12 de julho de 1994
- **Legal Citation:** Lei nº 8913/1994
- **Type of Instrument:** Statute (formal written document creating law)
- **Date of Promulgation:** July 12, 1994
- **Date of Publication:** July 12, 1994
- **Approved By:** Presidency of the Federative Republic of Brazil (President Itamar Franco)
- **Place of Publication:** Brasília, DF, Brazil
- **Jurisdiction:** Brazil
- **Language:** Brazilian Portuguese
- **Law Digest / Main Subject:** "DISPÕE SOBRE A MUNICIPALIZAÇÃO DA MERENDA ESCOLAR" (Provides for the municipalization of school meals)
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1994-07-12;8913`
- **Official URL:** `https://www.planalto.gov.br/ccivil_03/leis/l8913.htm`
- **WikiProject:** On the focus list of WikiProject Brazilian Laws

## FAQs

**What is the primary purpose of Law No. 8913/1994?**
The law formalizes the municipalization of the Brazilian school meal program, shifting responsibility for its execution and management from the federal government to individual municipalities while establishing rules for funding, competency, and oversight.

**Who was the Brazilian president when this law was enacted?**
The law was promulgated by President Itamar Franco on July 12, 1994, as an act of the Presidency of the Federative Republic of Brazil.

**Which government entities are involved under this law?**
The statute defines roles and responsibilities for Brazilian municipalities (Municípios), the Federal District (Distrito Federal), the states (federative units), and the Federal Government of Brazil (União Federal).

**Where can the official text of the law be accessed?**
The full text is available in Brazilian Portuguese on the official Brazilian government portal at `https://www.planalto.gov.br/ccivil_03/leis/l8913.htm` and is indexed under the LexML Brazil identifier `urn:lex:br:federal:lei:1994-07-12;8913`.

## Why It Matters
Law No. 8913 is a pivotal piece of Brazilian social legislation that initiated the decentralization of the national school meal program, one of the largest and most important social policies in the country. By mandating "municipalização," the law aimed to make the delivery of school meals more efficient, locally responsive, and better monitored. It established a clear legal framework for the transfer of financial resources from the Union to local governments, defining the criteria, norms, and oversight mechanisms necessary to ensure that funds reach their intended purpose. This legislation directly impacts the nutrition and health of millions of students and represents a significant step in the broader decentralization of public administration in Brazil's federative system.

## Notable For
- **Municipalization of School Meals:** The law is the primary legal instrument that formalized the transfer of school meal program management from the federal sphere to municipalities.
- **Social Policy Framework:** It establishes foundational legal norms (Normas) and criteria (Critérios) for the operation of a critical federal social program.
- **Fiscal Decentralization:** The statute defines the budget appropriation (Dotação Orçamentaria) and financial resource flows between federal and municipal entities.
- **Oversight Mechanisms:** It codifies the processes for control (Controle) and supervision (Fiscalização) of public funds in the context of social programs.

## Body

### Legislative Identity and Authority
Law No. 8913 is a federal statute enacted by the Federative Republic of Brazil on July 12, 1994. It was promulgated by President Itamar Franco through the Presidency of the Federative Republic of Brazil and published in the capital city of Brasília on the same date. The law is formally cited as Lei nº 8913/1994 and is classified as a statute—a formal written document that creates law. Its official text is written in Brazilian Portuguese.

### Core Subject: Municipalization of School Meals
The law's primary function, as stated in its digest, is to provide for the municipalization of school meals ("DISPÕE SOBRE A MUNICIPALIZAÇÃO DA MERENDA ESCOLAR"). This legislation decentralizes the administration of the school meal program, designating municipalities (Municípios) as the primary entities responsible for its operation. This shift was designed to increase the program's effectiveness by aligning it more closely with local needs and administrative capacities.

### Federative Scope and Jurisdiction
The statute operates within the Brazilian federative structure and explicitly defines the competencies and roles of various levels of government:
- **Municipalities (Municípios):** Tasked with the direct execution and management of the school meal program.
- **Federal District (Distrito Federal - Df):** Subject to the law's provisions.
- **States (Estados):** Recognized as federative units with a role in the broader framework.
- **Federal Government of Brazil (União Federal):** Responsible for providing financial resources and establishing overarching norms.

### Financial and Operational Framework
Law No. 8913 establishes a detailed framework for the program's operation, focusing on resource management and accountability:
- **Financial Resources (Recursos Financeiros) & Money:** The law sets the rules for the transfer and management of funds designated for school meals.
- **Budget Appropriation (Dotação Orçamentaria):** It mandates the creation of specific budget lines to finance the program.
- **Legal Norms (Normas) & Criteria (Critérios):** The statute provides the operational standards and evaluation criteria that municipalities must adhere to.
- **Government Program (Programa):** The law defines the functioning (Funcionamento), elaboration (Elaboração), and ultimate purpose or destination (Destinação) of the school meal program.

### Control, Oversight, and Compliance
To ensure the proper use of public funds and the quality of service delivery, the law incorporates specific mechanisms for accountability:
- **Control (Controle):** Establishes internal checks on the program's execution.
- **Oversight (Fiscalização):** Defines the external auditing and monitoring processes to ensure compliance with federal guidelines.

### Access and Metadata
The official text of Law No. 8913/1994 is publicly accessible online at `https://www.planalto.gov.br/ccivil_03/leis/l8913.htm`. It is indexed in the Brazilian legal information system with the LexML Brazil ID `urn:lex:br:federal:lei:1994-07-12;8913`. The law is a subject of focus for WikiProject Brazilian Laws, a project dedicated to organizing and improving Wikipedia's coverage of Brazilian legislation. All structured data and facts are derived from official government sources, including the Presidency's legislative portal and the LexML repository.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1994-07-12;8913)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=8913&ano=1994&data=12/07/1994&ato=fdfAzZE50dJpWT503)
3. LexML Brasil